action; damages. 433- 



the fence into the highway and fought with C, which caused 

 the horses to run away, one of them being killed in conse- 

 quence, — it was held that, as against strangers, B. was A.'s 

 agent in the care of the team and that his want of ordinary 

 care being the proximate cause of the loss, A. could not 

 recover against C.*^ 



Where the bailee has agreed to pay the price of the animal 

 if it is not in good condition when he returns it, the accept- 

 ance of the animal is no waiver of the bailor's right of action.®^ 

 And where the bailor presents an account for hire in which 

 there is no claim for damages for the loss of the horse, and 

 takes a receipt "in full of all demands," this receipt does not 

 bar a recovery for the loss : it may be explained by evidence 

 aliunde.^^ In an action against the bailee to recover the value 

 of an animal killed, the bailee cannot, under a general denial^ 

 show that it had been killed without his fault.^* 



The measure of damages where the animal is returned and 

 accepted is the difference between its value at the time of 

 conversion and at that of return.®^ Where the horse was sent 

 to the farrier's for six weeks to be cured and it was then 

 ascertained that it had been permanently damaged to the 

 extent of twenty pounds, it was held that the proper measure 

 of damages was the keep of the horse at the farrier's, the 

 amount of his bill, and the difference between the value of 

 the horse at the time of the accident and at the end of the 

 six weeks, but that the plaintiff ought not to be allowed 

 also for the hire of another horse during the six weeks.®^ 



" Puterbaugh v. Reasor, 9 O. St. 484. '" Austin v. Miller, 74 N. C. 274. 



" Bigbee v. Coombs, 64 Mo. 529. 



" Cochran v. Walker (Tex. Civ. App.), 49 S. W. Rep. 403. 



As to the burden of proof in an action by the owner against the bailee, 

 see §§ 100, supra, 104, infra. 



" Gove V. Watson, 61 N. H. 136. 



■* Hughes iz/. Quentin, 8 C. & P. 703- 



As -to a sheriffs right to be compensated for the keep of cattle seized 

 under a fi. fa. where a claim to some of them has been admitted, see Brady 

 V. Williams, [1898] 2 I. R. 703. 

 28 



